An amendment proposed by Sen. Hillary Clinton (D-N.Y.) to S. 1637, entitled "Jumpstart Our Business Strength" ("JOBS"), could impose health privacy requirements upon health care providers, in addition to those imposed by the HIPAA Privacy Rule. Sen. Clinton's amendment, filed on March 23, 2004, provides that no American business may transmit "personally identifiable information" about an American citizen to a foreign affiliate or subcontractor abroad unless it informs the citizen whether the country to which the information will be transmitted has been certified by the FTC as a country with "adequate privacy provisions," and the citizen has given consent, which consent must renewed within one year before information is transmitted. Further, the business enterprise could be held liable for damages in the event of a breach of privacy.
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